United States: On Tuesday, the Trump administration said it is taking away earlier guidelines made by the Biden administration that require hospitals to treat anyone needing emergency care, including those seeking an abortion.
Biden’s Post-Roe Protection Reversed
In July 2022, it was confirmed by the Department of Health and Human Services (HHS) that, according to the Emergency Medical Treatment and Labor Act (EMTALA), all clinicians in an emergency department must offer an abortion to a patient in need, regardless of local laws, if it is needed for their medical condition.
When EMTALA was enacted in 1986, it made sure that emergency patients were treated and admitted to hospitals without regard to their ability to pay. Hospitals that do not give “necessary stabilizing care” or arrange an “appropriate transfer” may be fined, ABC News reported.
The guidance from the HHS was one of the steps the Biden administration took to make sure people could still access abortion after the US Supreme Court overturned the Roe v. Wade judges ruling, which eliminated federal protections for abortion rights.
Trump’s administration has rescinded emergency abortion guidance, jeopardizing women's health. The Biden-era rule ensured hospitals had to provide necessary abortions under EMTALA during medical emergencies. pic.twitter.com/7esbEm0BOc
— Stop The Donald (@Stop_The_Donald) June 4, 2025
At the same time, HHS and CMS decided to take back the guidance, as well as a statement from former HHS Secretary Xavier Becerra, because they stated it did not reflect their current policy.
“CMS will continue to enforce EMTALA, which protects all individuals who present to a hospital emergency department seeking examination or treatment, including for identified emergency medical conditions that place the health of a pregnant woman or her unborn child in serious jeopardy,” as per a press release from the agency.
“CMS will work to rectify any perceived legal confusion and instability created by the former administration’s actions,” it continued.
Trump Accused of Breaking Promise
Groups that champion abortion rights, such as the American Civil Liberties Union, claimed that President Donald Trump had broken a promise he made during his election campaign and was now interfering with abortion access, ABC News reported.
“By rescinding this guidance, the Trump administration has sent a clear signal that it is siding not with the majority, but with its anti-abortion allies — and that will come at the expense of women’s lives,” as per Alexa Kolbi-Molinas, who is the deputy director of the ACLU’s Reproductive Freedom Project.
“The ACLU will use every lever we have to keep President Trump and his administration from endangering our health and lives,” she added.